(a) A person upon conviction is guilty of a Class D felony if the person knowingly violates:
(1) Section 14-271-110(a);
(2) An order, safety standard, rule, or regulation of the Arkansas Public Service Commission pursuant to § 23-15-205;
(3) Section 23-15-206(b);
(4) Section 23-15-206(c);
(5) Section 23-15-208(a); or
(6) Section 23-15-209(a).
(b) A person upon conviction is guilty of a Class D felony if the person knowingly violates § 14-271-112(a) and:
(1) With respect to the violation, damages or destroys an interstate or intrastate natural gas pipeline facility that results in serious physical injury or actual damage to property of more than fifty thousand dollars ($50,000);
(2) With respect to the violation, damages or destroys an interstate or intrastate natural gas pipeline facility, knows or has reason to know of the damage or destruction, and does not report the damage or destruction promptly to the operator of the interstate or intrastate natural gas pipeline facility or to local law enforcement authorities; or
(3) With respect to the violation, damages an intrastate hazardous liquid pipeline facility that results in the release of more than fifty (50) barrels of hazardous liquid.
(c) (1) A person who knowingly engages in the unauthorized disposal of solid waste within the right-of-way of an interstate or intrastate pipeline facility or an interstate or intrastate hazardous liquid pipeline facility upon conviction is guilty of a Class D felony.
(2) (A) As used in this subsection, "solid waste" means garbage, refuse, or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility or other discarded material, including without limitation solid, liquid, semisolid, or contained gaseous material resulting from industrial operations, commercial operations, mining operations, agricultural operations, or other community activities.
(B) "Solid waste" does not include solid or dissolved material in domestic sewage or solids discovered in materials in irrigation return flows or industrial discharges that are point sources subject to permits under 33 U.S.C. § 1342, as it existed on January 1, 2013, or source, special nuclear, or byproduct material as defined by 42 U.S.C. § 2011 et seq., as it existed on January 1, 2013.
(d) A person who knowingly damages or destroys an interstate or intrastate pipeline facility or an interstate or intrastate hazardous liquid pipeline facility upon conviction is guilty of a:
(1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or less;
(2) Class D felony if the amount of actual damage is more than one thousand dollars ($1,000) but less than five thousand dollars ($5,000);
(3) Class C felony if the amount of actual damage is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000); or
(4) Class B felony if the amount of actual damage is more than twenty-five thousand dollars ($25,000).
(e) A person who knowingly tampers with, damages, or destroys a pipeline sign or right-of-way marker required by law or rule of the state upon conviction is guilty of a:
(1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or less;
(2) Class D felony if the amount of actual damage is more than one thousand dollars ($1,000) but less than five thousand dollars ($5,000);
(3) Class C felony if the amount of actual damage is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000); or
(4) Class B felony if the amount of actual damage is more than twenty-five thousand dollars ($25,000).
Section: Previous 5-69-102 5-69-103Last modified: November 15, 2016